The Department of Homeland Security is planning changes to the H1-B visa program. This is only the next in a series of moves addressing concerns that tech companies have been excluding America-born workers. They began by targeting the suspected companies directly, and are now reevaluating the program itself. US Citizenship and Immigration Services officers would be disallowed from deferring to previous applications when processing any work visa renewals, including H1-B. This essentially resets the entire process, even if there are no changes to applicant, employer, or role. The DHS argues that the proposed changes will strengthen oversight and prevent errors or fraud from continuing.
In the current system of regulations, USCIS officers are able to defer to previous approvals so long as the employer, worker and information remains the same. As long as there are no drastic changes, this policy speeds up the application process tremendously. This is exactly the intent behind its introduction by the Biden administration in 2024.
H1-B visa holders are affected the most by this. However, any and all visa holders in need of an extension will be impacted. The DHS estimates 208,000 extension applications every year will be affected by the proposed policy change, of which H1-B filings take up roughly 75%. This will extend the application process by months, and cause greater uncertainty for workers and employers alike.
The Trump administration claims that the proposed changes will increase security for the H1-B program and other such visa programs. All decisions will be given full deliberation. Many critics argue that this is yet another anti-immigrant move made by an administration that has repeatedly proven to distrust and dislike immigrants. The proposed rule will be published to the Federal Register on October 14, 2026, with a 30-day comment period planned before anything is put into effect. Thus, visa applications are unaffected for the time being.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.